Official Secrets Act 1920

The Official Secrets Act 1920^[d] (10 & 11 Geo. 5. c. 75) was an act of the Parliament of the United Kingdom.

The act was repealed by and replaced with the National Security Act 2023 (c. 32).^[1][2][3]

In the Republic of Ireland, the act was repealed by the Official Secrets Act, 1963.^[4]

Section 1 – Unauthorised use of uniforms; falsification of reports, forgery, personation, and false documents

Sections 1(1) and (2) of the act provided:

"Misdemeanour"

See the Criminal Law Act 1967, the Criminal Law Act (Northern Ireland) 1967 and section 8(2) of this act.

Sentence

A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding the prescribed sum, or to both.^[5]

Section 2 – Communications with foreign agents to be evidence of commission of certain offences

Section 2 of the act created a rule of evidence in prosecutions under section 1 of the Official Secrets Act 1911.

Section 2(1) of the act provided:

See R v Kent [1941] 1 KB 454, 28 Cr App R 23, 57 TLR 307, CCA

"The principal Act"

This means the Official Secrets Act 1911 (see section 1 above).

Section 3 – Interfering with officers of the police or members of His Majesty’s forces

Section 3 of the act provided:

"In the vicinity of"

This expression means "in or in the vicinity of".^[6]

"Prohibited place"

This expression is defined by section 3 of the Official Secrets Act 1911.^[7]

"Chief officer ... of police"

See section 11(1A) of this act, section 101(1) of the Police Act 1996 and Schedule 1 to the Interpretation Act 1978.

"Superintendent ... of police"

See section 12 of the Official Secrets Act 1911, which is applicable by virtue of section 11(1) of this act.

"Misdemeanour"

See the Criminal Law Act 1967, the Criminal Law Act (Northern Ireland) 1967 and section 8(2) of this act.

Sentence

A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding the prescribed sum, or to both.^[5]

Section 6 – Duty of giving information as to commission of offences

Section 6 of the act was substituted by section 1 of the Official Secrets Act 1939. After that amendment it provided:

References to a chief officer of police, a Secretary of State and the rank of inspector

See section 2(2) of the Official Secrets Act 1939.

"Misdemeanour"

See the Criminal Law Act 1967, the Criminal Law Act (Northern Ireland) 1967 and section 8(2) of this act.

Sentence

A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding the prescribed sum, or to both.^[5]

Section 7 – Attempts, incitements, &c.

This section provides:

"The principal Act"

This means the Official Secrets Act 1911. (see section 1)

"Aids or abets and does any act preparatory"

The word "and" in this expression must be read as "or". This is necessary in order to make intelligible sense of the section.^[8]

See also R v Bingham [1973] QB 870, 57 Cr App R 439, [1973] 2 WLR 520, [1973] 2 All ER 89, [1973] Crim LR 309, CA

Doing an act preparatory to the commission of a crime is not necessarily a crime in any part of the United Kingdom. This offence is an exception.

Section 8 – Provisions as to trial and punishment of offences

Section 8 of the act provided the penalties for the offences under this act and under the Official Secrets Act 1911.

Section 8(2)

The words omitted were repealed for England and Wales by section 1(2) of the Criminal Justice Act 1948 (c. 58), for Northern Ireland by section 1(2) of the Criminal Justice Act (Northern Ireland) 1953, and for Scotland by section 221(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21).

"The Summary Jurisdiction Acts"

The effect of section 17(2)(a) of the Interpretation Act 1978 is that the reference to the Summary Jurisdiction Acts must be construed as a reference to the Magistrates' Courts Act 1980^[9]

"Fifty pounds"

The reference to a fine not exceeding fifty pounds must be construed as a reference to a fine not exceeding the prescribed sum.^[10]

Section 8(4)

See Attorney General v Leveller Magazine Ltd [1979] AC 440, 68 Cr App R 343, [1979] 2 WLR 247, [1979] 1 All ER 745, [1979] Crim LR 247, HL, reversing [1979] QB 31, [1978] 3 WLR 395, [1978] 3 All ER 731, [1978] Crim LR 627, DC

See also

• Halsbury's Statutes
• Official Secrets Act

Notes

1. ^ Section 11.
2. ^ The Acts of Parliament (Commencement) Act 1793.
3. ^ The National Security Act 2023 (Commencement No. 1 and Saving Provision) Regulations 2023.
4. ^ Section 11(1).

References

1. ^ "National Security Act Factsheet - Home Office in the media". homeofficemedia.blog.gov.uk. Retrieved 24 October 2023.
2. ^ "32" (act). 11 July 2023. Retrieved 20 December 2023.
3. ^ No. 1272. 27 November 2023. Retrieved 20 December 2023.
4. ^ "Official Secrets Act, 1963 – section 3". irishstatutebook.ie. Government of Ireland. 5 February 1963. Retrieved 17 March 2024. The Official Secrets Acts, 1911 and 1920, are hereby repealed.
5. ^ The Official Secrets Act 1920, section 8(2); the Criminal Justice Act 1948, section 1(2); the Magistrates' Courts Act 1980, section 32(2); the Criminal Justice Act (Northern Ireland) 1953, section 1(2); the Criminal Procedure (Scotland) Act 1975, section 221(2).
6. ^ Adler v George [1964] 2 QB 7, [1964] 2 WLR 542, [1964] 1 All ER 628, DC
7. ^ The definition is applicable by virtue of section 11(1) of this act
8. ^ R v Oakes [1959] 2 QB 350, 43 Cr App R 114, [1958] 2 WLR 694, [1958] 2 All ER 92, CCA
9. ^ Archbold Criminal Pleading, Evidence and Practice, 1999 Edition, paragraph 25–320 at page 2086
10. ^ The Magistrates' Courts Act 1980, section 32(2).

External links

• The Official Secrets Act 1920, as amended from Legislation.gov.uk.
• The Official Secrets Act 1920, as originally enacted from Legislation.gov.uk.